Virtual Library

This article argues that the forms through which violence and atrocity are expressed – legal, statistical and testimonial – are important objects of analysis because credo is manifest in form, and an examination of form reveals something about the relationship between the ‘world view’ of human rights organizations and the ‘styles of thought’ that shape and inform their representations. The article considers what the discursive forms that seem indigenous to human rights and human rights advocacy both express (legalism, scientism) and repress (historicism), and discusses ways in which these forms of representation potentially facilitate and inhibit action.

Although interest in the consolidation and expansion of the international human rights regime has grown in recent years, little attention is accorded to the formal procedures that allow individuals aggrieved by states to appeal directly to an international audience. Using data for 82 countries between 1976 and 1999, this article examines the political and cultural factors that produce cross-national variation in the propensity of individuals to file allegations of human rights abuse with the Human Rights Committee. Negative binomial and event history analyses indicate that the number and rate of human rights abuse claims (1) increase as a country's human rights practices worsen; (2) decline as domestic “opportunity structures” become available; and (3) increase with the cultural empowerment of individuals.

From digital fingerprinting to iris and retina recognition, biometric identification systems are a multibillion dollar industry and an integral part of post-9/11 national security strategy. Yet these technologies often fail to work. The scientific literature on their accuracy and reliability documents widespread and frequent technical malfunction. Shoshana Amielle Magnet argues that these systems fail so often because rendering bodies in biometric code falsely assumes that people’s bodies are the same and that individual bodies are stable, or unchanging, over time. By focusing on the moments when biometrics fail, Magnet shows that the technologies work differently, and fail to function more often, on women, people of color, and people with disabilities. Her assessment emphasizes the state’s use of biometrics to control and classify vulnerable and marginalized populations—including prisoners, welfare recipients, immigrants, and refugees—and to track individuals beyond the nation’s territorial boundaries. When Biometrics Fail is a timely, important contribution to thinking about the security state, surveillance, identity, technology, and human rights.

When do national movements adopt or reject international agendas? This question regarding the relationship between global and local thinking goes to the heart of the current globalization debates. This study examines the contrasting responses from the Chinese and Indian women's movements to the agenda adopted by the United Nations Fourth World Conference on Women. The contrast challenges the dominant assumption that global thinking can substitute for local thinking. The article shows how national movements decided for or against international agendas through context-dependent meaning-making processes. The Chinese and Indian movements drew on the international agenda to pursue similar national policy goals. Each reached its decision on the international agenda through a similar sequence of interactions with the government. However, due to mediation by nationally unique combinations of political rules and policy-related timing, the two movements attached opposite meanings to the international agenda. The Chinese movement embraced the international agenda and reinterpreted it by emphasizing its difference from the government position; the Indian movement used the international agenda as a surrogate target and rejected it by emphasizing its similarities to the government position. The article also proposes an alternative conceptualization of authoritarianism and democracy that understands better international influences on social movement dynamics.

In this collection of provocative essays about art and culture, Trinh Minh-ha challenges Western regimes of knowledge. Bringing to her subjects an acute sense of the many meanings of the marginal, she examines topics such as Asian and African texts, the theories of Barthes, questions of spectatorship, the enigmas of art, and the perils of anthropology.

When the Moon Waxes Red is an extended argument against reductive analyses, even those that appear politically adroit. The multiply-hyphenated peoples of color are not simply placed in a duality between two cultural heritages; throughout, Trinh describes the predicament of having to live "a difference that has no name and too many names already." She argues for multicultural revision of knowledge so that a new politics can transform reality rather than merely ideologize it. By rewriting the always emerging, already distorted place of struggle, such work seeks to "beat the master at his own game."

“When we captured Kigali, we thought we would face criminals in the state; instead, we faced a criminal population.” So a political commissar in the Rwanda Patriotic Front reflected after the 1994 massacre of as many as one million Tutsis in Rwanda. Underlying his statement is the realization that, though ordered by a minority of state functionaries, the slaughter was performed by hundreds of thousands of ordinary citizens, including even judges, human rights activists, and doctors, nurses, priests, friends, and spouses of the victims. Indeed, it is its very popularity that makes the Rwandan genocide so unthinkable. This book makes it thinkable.


Rejecting easy explanations of the genocide as a mysterious evil force that was bizarrely unleashed, one of Africa’s best-known intellectuals situates the tragedy in its proper context. He coaxes to the surface the historical, geographical, and political forces that made it possible for so many Hutu to turn so brutally on their neighbors. He finds answers in the nature of political identities generated during colonialism, in the failures of the nationalist revolution to transcend these identities, and in regional demographic and political currents that reach well beyond Rwanda. In so doing, Mahmood Mamdani usefully broadens understandings of citizenship and political identity in postcolonial Africa. 

There have been few attempts to explain the Rwandan horror, and none has succeeded so well as this one. Mamdani’s analysis provides a solid foundation for future studies of the massacre. Even more important, his answers point a way out of crisis: a direction for reforming political identity in central Africa and preventing future tragedies.

Across Latin America, the 1990s saw an increase in popular lynchings of suspected criminals at the hands of large crowds. Although it is often assumed that these incidents involve random, regrettable, and relatively spontaneous acts of violence or throwbacks to the past, I argue in this article that these represent purposeful, powerful, and deeply political acts. Most literature on the region tends to regard contemporary violence as a predominantly “top-down” phenomenon—by state against citizen, landowner against peasant, mestizo against Indian—yet these incidents reveal a new sort of violence that originates at the bottom. I argue that the lynchings suggest an attempt by embattled communities to reassert their autonomy after decades of repeated assault by state armies, local elites, the globalized economy, and other adversaries. By enacting these highly ritualized, unequivocally public displays of “justice,” marginalized communities seek not only to punish and to deter criminal activity, but perhaps more importantly, to reassert themselves collectively as agents rather than victims. In this way, lynchings may reveal a dark side of what passes for “democracy” in the region.

Citizenship rights came into being because relatively organized members of the general population bargained with state authorities for several centuries, bargained first over the means of war, then over enforceable claims that would serve their interests outside of war. During the French Revolution, from the Declaration of the Rights of Man onward, bargaining that established citizenship rights took place right out in the open. In caricature, the argument says that rights of citizenship formed as bargains struck in the course of both sorts of struggle, first chiefly in defense against invasive state demands for the means of war, later in pursuit of much wider range of collective action and state intervention. Citizenship rights belong in principle to everyone who qualifies as full-fledged member of given state; membership in category suffices to qualify a person for enforceable claims. Citizens of European states now enjoy ipso facto rights to education, housing, health care, income, and a wide variety of political participation.

The White Possessive explores the links between race, sovereignty, and possession through themes of property: owning property, being property, and becoming propertyless. Focusing on the Australian Aboriginal context, Aileen Moreton-Robinson questions current race theory in the developed world and its preoccupation with foregrounding slavery and migration. The nation, she argues, is socially and culturally constructed as a white possession.

 Issues regarding race and racial identity as well as questions pertaining to property rights and ownership have been prominent in much public discourse in the United States. In this article, Professor Harris contributes to this discussion by positing that racial identity and property are deeply interrelated concepts. Professor Harris examines how whiteness, initially constructed as a form of racial identity, evolved into a form of property, historically and presently acknowledged and protected in American law. Professor Harris traces the origins of whiteness as property in the parallel systems of domination of Black and Native American peoples out of which were created racially contingent forms of property and property rights. Following the period of slavery and conquest, whiteness became the basis of racialized privilege - a type of status in which white racial identity provided the basis for allocating societal benefits both private and public in character. These arrangements were ratified and legitimated in law as a type of status property. Even as legal segregation was overturned, whiteness as property continued to serve as a barrier to effective change as the system of racial classification operated to protect entrenched power. Next, Professor Harris examines how the concept of whiteness as property persists in current perceptions of racial identity, in the law's misperception of group identity and in the Court's reasoning and decisions in the arena of affirmative action. Professor Harris concludes by arguing that distortions in affirmative action doctrine can only be addressed by confronting and exposing the property interest in whiteness and by acknowledging the distributive justification and function of affirmative action as central to that task.